Nursing Home

21 Apr Credit for Caring Act proposed by Congress

Posted at 09:13h in Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

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In an effort to help family caregivers who take care of a family member (whether young or old) needing care at home and to give an incentive for the caregiver to work at least part-time (earned income in excess of $7,500 in a year), both...

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14 Apr Ladybird Deed vs. Transfer on Death Deed

Posted at 09:28h in Estate Planning, Home Equity, Lady Bird Deed, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Power of Attorney, Probate Administration, Transfer of Death

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Many elder law attorneys have pondered whether to use the traditional enhanced life estate deed (also known as a Ladybird Deed) or the new statutory Transfer on Death Deed since both work to avoid estate recovery – the right of the government to make a...

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28 Jan Veteran’s Improved Pension Benefits under Attack by New Congressional Bill

Posted at 09:18h in Asset Protection, Assisted Living, Disability Benefits, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security, Taxes, Trusts, Veterans

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On January 8, 2016, the “Veterans Care Financial Protection Act of 2016” was introduced allegedly to protect individuals who are eligible for increased pension under laws administered by the Secretary of Veterans Affairs on the basis of need of regular aid and attendance from “dishonest,...

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21 Jan State Attorney Generals Attack Pre-Dispute Arbitration Agreements

Posted at 10:12h in Assisted Living, Elder Justice, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

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At the present time, most nursing homes require residents or their “responsible party” to sign a nursing home admission agreement which binds the resident to arbitration instead of giving them the right to sue the facility if the facility is either negligent or is in...

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11 Dec Congressional Bill Limits Use of Annuities in Medicaid Planning

Posted at 16:42h in Beneficiary, End of Life Care Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement, Social Security

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The House of Representatives has a proposed bill (HR 1771) that would change long established rules for the use of single premium immediate annuities in planning for the protection of a well-spouse (commonly referred to as the “community spouse”) if his or her spouse needs...

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14 Nov GOVERNMENT PAID NURSING HOME CARE COSTS FOR APPLICANTS WITH AN IRA GETS EASIER

Posted at 06:00h in Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement

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Due to a recent interpretation of the term “annuity” by the Texas Health and Human Services Commission, Medicaid coverage (such as payment of nursing home care costs and drugs) for an applicant with an IRA just became easier. Retirement accounts, such as an IRA or...

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31 Oct GOVERNMENT PAID HOME CARE NOW EASIER TO GET

Posted at 06:00h in Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security

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In situations where one spouse needs care (i.e., assistance with activities of daily living) at home, it just became easier to obtain Medicaid coverage where the government pays someone to give care at home. Until the law became effective as of October 1, 2015, the...

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26 Aug WHITE HOUSE CONFERENCE ANNOUNCES ACTIONS FOR ELDER JUSTICE & ABUSE PREVENTION

Posted at 06:00h in Elder Justice, Long Term Care, Medicaid Planning, Medicare, Nursing Home, Quality of Life

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On July 13, 2015, major efforts for elder justice and prevention of elder abuse were announced at the White House Conference on Aging including: The Centers for Medicare and Medicaid Services will update and improve the quality and safety requirements of the nation’s nursing homes...

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29 Jul LONG-TERM CARE FACILITIES: REQUIRED TO REQUEST COPY OF GUARDIANSHIP ORDERS

Posted at 06:00h in Assisted Living, Estate Planning, Guardianship, Long Term Care, Nursing Home

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As of September 1, 2015, nursing homes and assisted living facilities must make a reasonable effort to request a copy of any court order appointing a guardianship of a resident or resident’s estate from the resident’s nearest relative or the person responsible for the resident’s...

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22 May VETERAN’S AFFAIRS (VA) PROPOSED RULE CHANGES

Posted at 06:00h in Assisted Living, Charitable Giving, Michael Cohen Dallas Elder Lawyer, Nursing Home, Veterans

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TAKES DEAD AIM AT OUR MILITARY VETERANS AND THEIR SURVIVING SPOUSES Do you think anyone in good health should be penalized for giving to a charity or their church? Do you think anyone should be penalized for an action that was legal at the time such...

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